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New Zealand Gazette – 1921 – No. 64

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✨ Judicature Act Amendment

1698
THE NEW ZEALAND GAZETTE.
[No. 64

Alteration of Rule under the Judicature Act, 1908.

JELLICOE, Governor-General.

ORDER IN COUNCIL.

At the Government House at Wellington, this 4th day of July, 1921.

Present:

HIS EXCELLENCY THE GOVERNOR-GENERAL IN COUNCIL.

IN pursuance and exercise of the powers and authorities conferred by section fifty-one of the Judicature Act, 1908, His Excellency the Governor-General of the Dominion of New Zealand, acting by and with the advice and consent of the Executive Council thereof, and with the concurrence of the Honourable the Acting Chief Justice of the Supreme Court of New Zealand and five of the Judges of the said Supreme Court, doth hereby make the following alteration in rule five hundred and sixty-eight of the Code of Civil Procedure. The said rule shall be and the same is hereby amended by substituting for the scale of costs in Table C in the Third Schedule to the said code the scale of costs set forth in Table C hereunder; and doth declare that such amendment shall take effect on and from the first day of August, one thousand nine hundred and twenty-one.

TABLE C.—SCALE OF COSTS.

	£200 or under	Over £200 to £500.	Above £500.
	£ s. d.	£ s. d.	£ s. d.
1. Issue and service of writ of summons, inclusive of statement of claim, when only one defendant	4 4 0	6 6 0	10 10 0
2. Filing statement of claim and affidavits under rule 466, when only one defendant	4 4 0	6 6 0	10 10 0
3. Writ of summons under rule 490, when only one defendant	4 4 0	6 6 0	10 10 0
4. For each additional defendant in cases 1, 2, and 3	1 1 0	1 1 0	1 1 0
5. On judgment by default without motion	1 1 0	2 2 0	3 3 0
6. On judgment by confession without motion	1 1 0	2 2 0	3 3 0
7. Payment into Court	1 1 0	2 2 0	3 3 0
8. On a discontinuance or a dismissal of action	1 1 0	2 2 0	3 3 0
9. When an application to enter judgment is necessary in cases 5, 6, 7, and 8: The costs of the application as allowed.
10. Preparing and filing statement of defence	4 4 0	6 6 0	10 10 0
11. Preparing for trial to either party, in addition to costs under Nos. 1, 2, 3, or 10. (These costs, or a portion of them, may be allowed in addition to Nos. 5, 6, 7, and 8, if necessarily incurred)	5 5 0	7 7 0	12 12 0
12. In case of a special jury, costs of striking and reducing, and other incidental steps	3 3 0	3 3 0	3 3 0
13. Trial or hearing of an action or of issues or of any proceedings under Chapter II of Part VII	9 9 0	6 per cent.	6 per cent. up to £500 and 3 per cent. on excess.
14. Extra counsel, if certified for, each per day, not exceeding	4 4 0	6 6 0	10 10 0
15. Second and each succeeding day of trial or hearing, if certified for, not exceeding	15 15 0	15 15 0	15 15 0
16. New trials and rehearings: Two-thirds of the rates under Nos. 13, 14, and 15.
17. Charging order nisi	2 2 0	3 3 0	4 4 0
„ absolute, without motion	1 1 0	2 2 0	3 3 0
„ on motion	2 2 0	4 4 0	6 6 0
18. Writ of sale	2 2 0	3 3 0	4 4 0
19. Writ of sale against land, extra	1 1 0	2 2 0	3 3 0
20. Conditions of sale, when required: As allowed by Registrar.
21. Commission or order to examine witnesses in New Zealand up to examination	3 3 0	5 5 0	7 7 0
22. Examination before examiner: As fixed by Registrar.
23. Order and commission for examination of witnesses out of New Zealand	4 4 0	7 7 0	10 10 0
24. Interrogatories: Copies and service	3 3 0	5 5 0	7 7 0
25. Answers to interrogatories	3 3 0	5 5 0	7 7 0
26. Affidavit of discovery: As may be certified for, £1 1s. to £15 15s.
27. Production and inspection of documents: As may be certified for, £1 1s. to £10 10s.
28. Preparing and settling special cases	3 3 0	5 5 0	7 7 0
29. Argument of special case or question of law stated for the opinion of the Court, or of facts stated by the jury in lieu of verdict, not exceeding
An allowance not exceeding £12 12s. per day may be made for every day after the first.	12 12 0	17 17 0	35 0 0
30. Motions not specially provided for: £2 2s. to £12 12s., as certified for.
31. Originating summonses: £5 5s. to £36 15s., as may be certified for. But the Court may direct that the costs of the parties, or any of them, shall be fixed as in an ordinary action, or shall be taxed and paid as between solicitor and client.
32. Extra counsel may be certified for under Nos. 29 and 30, at each per day, not exceeding	4 4 0	6 6 0	10 10 0
33. Summonses and other applications in Chambers: £1 1s. to £7 7s., as certified for.
34. Taking accounts, making inquiries, and other proceedings before Registrar: Per hour, £2 2s.
35. Appeals from inferior Courts (not otherwise provided for): Not exceeding £100, £12 12s.; over £100, £25. An allowance not exceeding £12 12s. may be made for every day after the first.
36. In addition to the above, all disbursements for fees of Court, fees of officers, witnesses’ expenses actually paid according to the allowance fixed by Table E, agency charges if specially allowed, and other necessary payments.
37. The foregoing costs are to be calculated on the amount recovered by the plaintiff if he succeeds, and on the amount claimed in the action if the defendant succeeds. Where relief other than a sum of money is claimed, either alone or in addition to a sum of money, the Court on giving judgment shall fix under what head costs shall be allowed. If judgment is entered before trial, without application to the Court, the Registrar shall fix the head.
38. The total cost of an action exclusive of disbursements shall not exceed £300, unless the Court certifies for the whole costs of the action. This shall not limit the power of the Court under Rule 568 to fix the costs at any amount.